The non-disruptive expression of opinions by students in the public schools, or by non-students near the schools, is protected by the free-speech guarantees of the United States and New Mexico Constitutions. However, a person's right of expression may be restrained when, because of the time, place or manner of the speech or expressive conduct, it infringes on the schools' compelling interest in maintaining undisrupted school sessions conducive to learning.
The primary liberties in a student's life have to do with the process of inquiry and learning, of acquiring and imparting knowledge, and of exchanging ideas. This process requires that students have the right to express opinions, to take stands, and to support causes, publicly and privately. There should be no interference in the schools with these liberties, or with the students' access to or expression of controversial points of view, except as provided below:
1. Bulletin Boards
School authorities may restrict the use of certain boards to school announcements. Bulletin board space shall be provided for the use of students and student organizations, including a reasonable area for notices relating to out?of?school activities or matters of general interest to students. The following general limitations on posting may be applied:
a. School authorities shall prohibit material which is obscene according to current legal definitions, which are libelous, or which inflames or incites students so as to create a clear and present danger of the commission of unlawful acts or of physical disruption to the orderly operations of the school.
b. Identification shall be required on any posted notice of the students or student group issuing same.
c. The school shall require that notices or other communications be dated before posting and that such material be removed after a prescribed reasonable time to assure full access to bulletin boards.
2. Distribution of Printed Material and Circulation of Petitions
Students shall be free to distribute handbills, leaflets, and other printed materials and to collect signatures on petitions concerning either school or out-of-school issues, whether such materials are produced within or outside the school. The following limitations will be applied:
a. The time of such activity shall be limited to periods before school begins, after dismissal, and during lunchtime, if such limitation is necessary to prevent interference with the school program.
b. The place of such activity shall be reasonably restricted to permit the normal flow of traffic within the school and at exterior doors.
c. The manner of conducting such activity shall be restricted to prevent undue levels of noise, or to prevent the use of coercion in obtaining signatures on petitions. The danger of littering is not a sufficient ground for limiting the right of students to distribute printed material.
d. The school shall require that all printed matter and petitions distributed or circulated on school property bear the name of the sponsoring organization and/or individual, and shall also bear the schools’ stamp.
In case of petitions presented by students to the school authorities students shall have the right to have their petitions considered and to receive an authoritative reply thereto.
In imposing limitations on student expression for any reason under any of the foregoing provisions, the school must ensure that its rules are applied on a non-discriminatory basis and in a manner designed to assure freedom of expression to students. Any student or student group deprived of freedom of expression under any of these provisions shall have the right to request a hearing to determine whether such deprivation is justified under these rules. Such a hearing must be held as soon as possible after the request before a committee, which will include representatives of the faculty and the student body. The hearing shall provide for a full and fair opportunity for both sides to present evidence and argument as to the propriety of the application of the policy in question. At the conduct of such hearings, the school shall have the burden of justifying its action.
Rio Rancho Public Schools
Adopted: June 27, 1994
Revised: August 9, 1999